The ACT Government Solicitor (ACTGS) provides legal services, including advice and representation to the ACT, its government agencies, ministers and office holders.
The ACTGS cannot provide legal services to the general public. The persons to whom the ACTGS can provide legal assistance are set out in Section 26 of the Law Officers Act 2011. If you are not an officer of an ACT Government agency and require legal assistance, you will need to contact a private solicitor or public law body such as Legal Aid ACT or the ACT Law Society who may also be able to direct you.
The Government Solicitor for the Australian Capital Territory is a body corporate and established under the Law Officers Act 2011. The Solicitor-General for the ACT is appointed under the Act and also performs the functions of the Chief Solicitor. The Act provides that the Solicitor-General may act personally in the name of the Government Solicitor for the ACT and may also authorise other appropriately qualified solicitors to act in the name of the Government Solicitor.
The ACT Government's policy is that its legal services are centralised through the ACTGS. Pursuant to the Law Officers (General) Legal Services Directions 2023 all legal services for ACT government agencies are to be provided by the ACTGS. Any outsourcing of legal services may only be undertaken by an agency in consultation with the ACTGS and with the agreement of the Solicitor-General. There were a number of reasons for this policy, including consistency and quality of advice on a whole of government basis, avoidance of the duplication of advice, cost and value for money, and ensuring that the interests of the Territory as a whole are protected.
The requirement for outsourcing of legal services will generally arise in one of three circumstances. First, if specialist advice is required in relation to a technical area of law in which the ACTGS does not have the relevant expertise. Secondly, if the particular matter is beyond the resources of the ACTGS and thirdly, in the event of a perceived conflict of interest on the part of the ACTGS, which is rare and generally only arises in relation to the representation of separate statutory authorities and office holders. Outsourcing is required so infrequently that the relevant procurement thresholds are rarely reached and thus not justifying the expense and effort in undertaking a procurement process to establish a panel. Accordingly the outsourcing occurs on a "one-off" basis in consultation with the relevant agency.
A small number of statutory authorities and corporations that are required to operate commercially are permitted to outsource legal services for commercial legal issues.
The ACTGS is an agency within the Justice and Community Safety Directorate.
In addition to performing the role of Solicitor-General pursuant to the Law Officer’s Act 2011, the Solicitor-General has been directed by the Attorney-General to perform the functions of the Chief Solicitor and accordingly is also responsible for the legal practice and management of the ACT Government Solicitor (ACTGS).
The legal services delivered by the ACTGS are coordinated through our practice groups. Practice Group Leaders are responsible for the oversight of activity under the various practice groups.
Legal Services are delivered through the efforts of a committed team of lawyers, paralegals, legal assistants as well as our corporate staff.
Detail on ACTGS activity can be found in the Justice and Community Safety Annual Report.
